Have you sustained a serious injury while at work? Work injuries can strike at any workplace and leave you struggling financially. Workers’ compensation can lessen the burden, but it may be insufficient to cover the losses associated with extreme injuries.
Depending on the details of your case, the team at Chaikin Trial Group Personal Injury Lawyers may be able to help you file a work injury lawsuit to help you recover a wider range of financial compensation. Our team of Freeport personal injury lawyers has over 50 years of combined legal experience and has represented workers from all walks of life.
If you would like to discuss your case with a Freeport work injury lawyer, send us a message or give us a call today.
Which Industries Have the Highest Rate of Injury?
According to information from the U.S. Bureau of Labor Statistics (BLS) about injuries, illnesses, and fatalities, the industries with the highest rates of workplace injuries include construction, agriculture, manufacturing, and transportation, which are all heavy industries that involve substantial physical labor, dangerous work sites, or heavy machinery.
Work injuries can happen in all workplaces, though, even those where physical activity is minimal.
Common examples of work injuries include:
- Falls and falling objects
- Collisions with fixed or moving objects
- Defective equipment or machinery
- Transportation injuries (e.g., car and truck crashes)
- Toxic exposure and occupational illness
- Repetitive strain injuries (e.g., carpal tunnel)
- Interpersonal workplace violence
Regardless of the type of injury you sustained, you should report work injuries to your supervisor as soon as possible. Your supervisor should create an official injury report, which will serve as evidence proving the existence and timing of your work injury.
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Workers’ Compensation May Not Be Enough to Cover Your Losses
Most employees in New York are eligible for workers’ compensation benefits after a work injury. These will pay for your necessary medical bills and replace a portion of your lost income from missing work. Virtually all employers must carry workers’ compensation insurance, and coverage is active from the day you start work.
However, workers’ compensation only replaces a portion of your income and may not cover extraneous medical costs. Workers’ compensation also won’t pay for non-economic losses, like pain and suffering or mental anguish.
You May Be Able to Sue Third Parties for Work Injuries
If your injury was due to the negligence of a third party that’s not your employer, we can help you file a personal injury lawsuit against them. A lawsuit is additional compensation that can cover excess losses that workers’ compensation won’t pay for.
Several parties could be liable for your injury on a worksite, including:
- Contractors and subcontractors
- Property owners or building managers
- Defective product manufacturers
- Negligent motorists
A lawyer for a work injury can investigate the accident to identify any at-fault parties who could bear liability for your injury-related losses.
Compensation You Can Recover in a Third-Party Lawsuit
The main benefit of filing a third-party lawsuit is that you can recover a significantly wider range of financial compensation than you can get from a workers’ compensation claim.
A personal injury lawsuit will allow you to pursue compensation for your:
- Emergency medical bills and future necessary medical expenses
- Lost work income and other forms of employment compensation (e.g., PTO, vacation, etc.)
- Differences in your lifetime earning potential due to disability or impairment
- Out-of-pocket injury expenses and miscellaneous costs
- Pain and suffering, mental anguish, and emotional distress
- Discomfort and inconvenience from scarring and disfigurement
Suing Your Employer in Freeport
A common question we receive in the context of work injuries is: Can you sue your direct employer for a work injury?
Unfortunately, New York labor law generally prohibits you from suing your employer for negligence. Workers’ compensation is meant to be the sole remedy for work injuries from your employer, so you usually cannot sue them for injuries due to negligence.
However, there are some exceptions. You may be able to sue your employer if they intentionally harmed you or failed to carry the required workers’ compensation insurance. Employees in specific industries, such as construction work, may also retain broader latitude to sue employers. You can talk to a Freeport injury at work lawyer for more clarity on paths to suing your employer.
Time Limit for Filing a Work Injury Lawsuit in Freeport
New York law gives you three years after an accident to sue for personal injury. Once the three years expire, you will lose your chance to sue for financial damages. The three-year timer commences from the injury date or, in the case of hidden injuries, when you discover your condition.
The statute of limitations is an absolute limit on your ability to sue for financial compensation, and it has very few exceptions. Your best option is to find a work accident lawyer in Freeport to get started as soon as possible. Starting early reduces the chance of payment delays or claim denials.
Contact a Freeport Work Injury Lawyer From Our Firm Today
A work injury can set you back significantly, but there are options for relief. A work injury lawyer from Chaikin Trial Group Personal Injury Lawyers can represent you and hold negligent parties accountable for the harm they have caused.
Contact our offices today to schedule an appointment with a Freeport work injury lawyer about your case.